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(영문) 대구고등법원 2017.07.20 2017노157

공용물건손상등

Text

All appeals filed by the defendant and prosecutor against the part of the case against the defendant are dismissed.

The request for the treatment and custody of this case is dismissed.

Reasons

The main points of the grounds for appeal are that the defendant and the person who applied for the medical care and custody (hereinafter referred to as the "defendant") against the punishment sentenced by the court below (eight months of imprisonment) are excessive so long as they are unfair, and the prosecutor claims that the punishment is too unhued and unfair.

Judgment

Examining the various factors in the sentencing of the Defendant and the prosecutor’s each of the instant case’s unfair arguments on sentencing, the following circumstances are favorable to the Defendant: (a) the Defendant appears to reflect the mistake while committing the crime; (b) the snow-related disease was not properly treated even if it was serious; and (c) there are circumstances to consider that it was committed the instant crime; and (d) the fact that it was suffering from high blood pressure and urology, and that health conditions are not good.

On the other hand, the crime of this case was destroyed by incidental television, which is a public object, on the ground that the defendant was unable to properly treat snow while in prison. The crime of this case was committed in light of the details of the crime and the method of the crime, etc. that the nature of the crime is not light in light of the nature of the crime, the damage has not been recovered, and even before it, there were several kinds of crimes, such as the crime of the same crime and the attempted crime of fire, the crime of damage to property, the crime of bodily injury, the crime of violation of the Punishment of Violences, etc. Act

As above, the court below comprehensively takes into account the following factors: (a) the Defendant’s age, sexual conduct and environment, family relation, health status, motive, background, means and consequence of the crime, and various sentencing conditions that appear in the instant case, including the circumstances before and after the crime; and (b) the court below appears to have sentenced 8 months of imprisonment within the recommended range (from June to June) set forth in the sentencing guidelines, taking into account these factors of sentencing, and there are no special circumstances or changes in circumstances that may change the sentence of the court below at the trial.